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CA/5717/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 5717 of 2010
In
FIRST APPEAL (STAMP NUMBER) No. 1222 of 2009
To
CIVIL
APPLICATION No. 5730 of 2010
In
FIRST APPEAL (STAMP NUMBER) No. 1235 of 2010
=========================================================
STATE
OF GUJARAT THROUGH SPL. LAND ACQUISITION OFFICER & 2 -
Petitioner(s)
Versus
SHIVABHAI
BABARBHAI THROUGH HEIR BHIKHABHAI SHIVABHAI - Respondent(s)
=========================================================
Appearance
:
MS
MANISHA NARSINGHANI, AGP for Petitioner(s) : 1 - 3.
DS AFF.NOT
FILED (R) for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 19/07/2010
ORAL
ORDER
Learned
Ms.Manisha Narsinghani, AGP, for the applicants sought time in Civil
Application No.5719 of 2010 to take appropriate steps as the
claimant in said Civil Application has expired. Civil Application
No.5719 of 2010 is hence adjourned to 28-7-2010.
As
far as Civil Applications Nos.5717/2010, 5718/2010, 5720 to 5730
of 2010 are concerned, they have been filed by the present
applicants for condoning the delay of 196 days caused in
preferring First Appeals.
I
have heard learned counsel for the applicants. Though notice of
rule was served to the respondents, nobody appeared on their behalf.
I have also gone through the reasons mentioned in the Civil
Applications on oath regarding condonation of delay. Reasons as
to why appeals could not be filed in time are stated in paras 2
and 3 of the applications.
In
view of the fact that the reasons stated in the applications
have not been controverted by the otherside by filing an
affidavit and also in view of the principles governing the
discretionary exercise of power under Sec.5 of the Limitation Act,
1963, I am of the view that sufficient cause has been stated for
not filing the appeals in time and hence, delay caused in filing
appeals is to be condoned and the Civil Applications Nos.5717/2010,
5718/2010, 5720 to 5730 of 2010 are required to be allowed.
For
the aforesaid reasons, Civil Application Nos.5717/2010,
5718/2010, 5720 to 5730 of 2010 are allowed. Delay of 196 days
caused in filing First Appeals is condoned. Rule is made absolute
in Civil Applications Nos.5717/2010, 5718/2010, 5720 to 5730 of
2010.
Office
is directed to show the name of Mr.M.M.Saiyed as the learned counsel
appearing for the respondents in appeals.
(M.D.SHAH,J.)
radhan
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